1. The petitioner. & Bolivian National said to be of German Dutch origin and resident in Vienna, was a passenger from Colombo to Genoa on the Italian passenger vessel M. V. Australia which called at Cochin (a regular port of call on its homeward voyages for the purpose of taking on board passengers bound for Europe) on 5-12-1958. With him was his wife and, as part of his baggage, a Volks-wagon motor car also booked from Colombo to Genoa. Three or four hours after the vessel was moored in the inland waters of the Cochin Port, the Chief Customs Inspector who, on information that the petitioner was engaged in smuggling gold into India and taking out Indian currency had a watch kept over the petitioner's movements but found that the petitioner was making no attempt to land or get into touch with anyone on shore, boarded the vessel with a few of his subordinate officers as he was entitled to under S.171 of the Sea Customs Act, 1878. He asked the petitioner whether he had any Indian or foreign currency or gold in his possession and thereupon the petitioner made the oral declaration that he had only $ 2105 in American currency, $ 60 worth of travellers' cheques and Rs. 250/- i